People v. Philabaun

I respectfully dissent. The parties mainly rely on the same cases, none of which is dispositive of the issue presented in this appeal. The consolidated cases of People v Davis and People v Laway, 209 Mich App 580; 531 NW2d 787 (1995), provide some guidance for my analysis; however, these cases, I believe, can be distinguished from this case. The police arrested both Davis and Laway for suspicion of operating a motor vehicle while under the influence of intoxicating liquor (OUIL), MCL 257.625; MSA 9.2325, and each refused to take a Breathalyzer test. The officers, therefore, obtained search…